R. v. Stone (R.), (2015) 375 Nfld. & P.E.I.R. 249 (NLPC)

JudgeGorman, P.C.J.
CourtNewfoundland and Labrador Provincial Court (Canada)
Case DateNovember 23, 2015
JurisdictionNewfoundland and Labrador
Citations(2015), 375 Nfld. & P.E.I.R. 249 (NLPC);2015 NLPC 1314

R. v. Stone (R.) (2015), 375 Nfld. & P.E.I.R. 249 (NLPC);

    1167 A.P.R. 249

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. DE.031

Her Majesty the Queen v. Robert Stone

(2015 NLPC 1314A00869)

Indexed As: R. v. Stone (R.)

Newfoundland and Labrador Provincial Court

Gorman, P.C.J.

December 2, 2015.

Summary:

Stone was charged with having uttered a threat to Winsor and of having assaulted her causing her bodily harm, contrary to ss. 264.1(1) and 267(b) of the Criminal Code. He was also charged with two counts of assaulting a peace officer in the execution of his duties (s. 270(1)(a)) and resisting a police officer (s. 129(a)).

The Newfoundland and Labrador Provincial Court convicted Stone of resisting a peace officer acting in the execution of his duty, contrary to s. 129(a). The evidence in relation to the charges of assault causing bodily harm and uttering a threat was not sufficient to meet the criminal standard of proof, and Stone was acquitted of those offences. The evidence was also insufficient to establish that Stone assaulted a police officer, and thus he was acquitted of breaching s. 270(1)(a).

Criminal Law - Topic 434

Offences against the administration of law and justice - Disobedience and obstruction - Obstruction and resistance of peace officer - In execution of his duty - In this case, the execution of duty element related to the arrest of the accused in his residence - Thus, the lawfulness of the arrest had to be established - The evidence established that the police went to the accused's residence to arrest him - They were invited inside - The police attempted to explain to the accused why they were arresting him - The accused became very upset and aggressive - He raised his arms and made contact with one of the officers - When the police attempted to arrest the accused for having assaulted a peace officer, the accused resisted and a struggle ensued - The accused and the officers fell to the floor, and an officer was injured (forehead was cut) - The Newfoundland and Labrador Provincial Court convicted the accused of having resisted an officer, contrary to s. 129 of the Criminal Code - The evidence was insufficient to establish that the accused, while resisting the arrest, applied force to any of the officers or committed any of the other forms of actus reus necessary to constitute an assault - Thus, he was acquitted of the two charges pursuant to s. 270(1)(a) of the Code - See paragraphs 49 to 65.

Criminal Law - Topic 1414

Offences against person and reputation - Assaults - Assault of a peace officer - [See Criminal Law - Topic 434 ].

Cases Noticed:

R. v. J.K. (2015), 365 Nfld. & P.E.I.R. 53; 1138 A.P.R. 53; 2015 NLCA 14, refd to. [para. 38].

R. v. Lifchus (W.), [1997] 3 S.C.R. 320; 216 N.R. 215; 118 Man.R.(2d) 218; 149 W.A.C. 218, refd to. [para. 39].

R. v. Starr (R.D.), [2000] 2 S.C.R. 144; 258 N.R. 250; 148 Man.R.(2d) 161; 224 W.A.C. 161; 2000 SCC 40, refd to. [para. 39].

R. v. J.M.H. (2011), 421 N.R. 76; 283 O.A.C. 379; 2011 SCC 45, refd to. [para. 39].

R. v. D.W., [1991] 1 S.C.R. 742; 122 N.R. 277; 46 O.A.C. 352, refd to. [para. 40].

R. v. S.T. (2015), 319 Man.R.(2d) 22; 638 W.A.C. 22; 2015 MBCA 36, refd to. [para. 41].

R. v. M.D.R., [2015] O.A.C. Uned. 283; 2015 ONCA 323, refd to. [para. 41].

R. v. Dawydiuk (M.N.) (2010), 285 B.C.A.C. 190; 482 W.A.C. 190; 253 C.C.C.(3d) 493 (C.A.), refd to. [para. 44].

R. v. Palombi (K.) (2007), 225 O.A.C. 264; 222 C.C.C.(3d) 528 (C.A.), refd to. [para. 44].

R. v. Ewanchuk (S.B.) (1999), 235 N.R. 323; 232 A.R. 1; 195 W.A.C. 1; 131 C.C.C.(3d) 481 (S.C.C.), refd to. [para. 44].

R. v. Dixon (1988), 42 C.C.C.(3d) 318 (Y.T.C.A.), refd to. [para. 46].

R. v. Clemente (V.F.), [1994] 2 S.C.R. 758; 168 N.R. 310; 95 Man.R.(2d) 161; 70 W.A.C. 161, refd to. [para. 48].

R. v. McRae (S.), [2013] 3 S.C.R. 931; 451 N.R. 375; 2013 SCC 68, refd to. [para. 48].

R. v. Lowry (T.G.) (2006), 406 A.R. 306; 2006 ABPC 209, refd to. [para. 50].

R. v. Vlcko (1972), 10 C.C.C.(2d) 139 (Ont. C.A.), refd to. [para. 50].

R. v. Sanderson (D.W.) (2003), 170 O.A.C. 285; 174 C.C.C.(3d) 289 (C.A.), refd to. [para. 50].

R. v. Gunn (P.B.) (1997), 193 A.R. 222; 135 W.A.C. 222 (C.A.), refd to. [para. 52].

R. v. Noel (A.A.) (1995), 63 B.C.A.C. 191; 104 W.A.C. 191; 101 C.C.C.(3d) 183 (C.A.), refd to. [para. 52].

R. v. Wu (S.E.) (2015), 339 O.A.C. 291; 2015 ONCA 667, refd to. [para. 53].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 129(a) [para. 51]; sect. 264.1(1)(a) [para. 47]; sect. 265(1)(a) [para. 43]; sect. 267(b) [para. 45]; sect. 270(1)(a) [para. 49].

Counsel:

B. Duffy and A. Sparkes, Q.C., for Her Majesty the Queen;

S. MacKinnon, for Mr. Stone.

This trial was heard at Corner Brook, Newfoundland and Labrador, on September 14 and November 23, 2015, before Gorman, P.C.J., of the Newfoundland and Labrador Provincial Court, who delivered the following judgment and reasons, dated December 2, 2015.

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT